DEFACEMENT OF PROPERTY

Prevention of defacement of property (dt. 26.09.1994).

Election Commission's Order No. 3/7/(ES 022)/94/J.S.II/Vol. IV Dated :- 26th September, 1994, addressed to (1) The Chief Secretaries and (2) Chief Electoral Officers of --
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(1) Andhra Pradesh	Hyderabad
(2) Arunachal Pradesh	Itnagar
(3) Bihar	Patna
(4) Goa	Panaji
(5) Gujarat	Gandhinagar
(6) Karnataka	Bangalore
(7) Maharashtra	Mumbai
(8) Manipur	Imphal
(9) Orissa	Bhubaneswar
(10) Sikkim	Gangtok

--------------------------------------------------Order

Subject :- Prevention of defacement of property during the ensueing general election to the Legislative Assembly- regarding.

The Commission vide its letter No. 3/7/94/J.S.II, dated 5th January, 1994 (copy enclosed), addressed to the Chief Secretaries of all States and Union Territories, on the aforementioned subject, had, inter alia, observed that no political party/association/body or candidate or their workers, supporters or sympathizers had any right to deface or spoil any private or public building by pasting of their posters, writing of slogans, painting of symbols, erecting flag staffs, suspending banners, etc.

2. The Commission had directed that, in future, if any one indulges in such undesirable activities, without the written permission of the owner of the building, whether private or public, the concerned party/association/body/candidate/person should be prosecuted and proceeded against under the law. Such proceedings were directed to be launched under the special enactment, if any, in force in the State providing for prevention of defacement of property or under the general law for causing willful damage to the property of others, as soon as any such act was observed or brought to the notice of the State Government authorities concerned.

3. The Commission vide its circular letter No. 3/7/94/J.S.II, date 11.7.1994 (copy enclosed) further clarified that such acts of defacement indulged in by political parties, even during non-election period also, called for action, just as in the case of defacement during election period, as the relevant laws are applicable at all times and not only during election times. It was also pointed out that if such acts go unpunished during non-election period, the removal of such defacement at time of elections and prevention of further defacement during election period would be extremely difficult.

4. It is reiterated that the above referred directions of the Commission should be scrupulously implemented and strictly enforced by all concerned authorities to check the undesirable activities of defacing privates and/or public properties by pasting posters, writing slogans, painting symbols, etc. in connection with the ensuing general election in your State.

5. The Commission again directs hereby that if any one indulges in such undesirable activities, without the written permission of the owner of the building, whether private or public, the concerned party/association/body/candidate/person should be prosecuted and proceeded against under the law. Such prosecutions should be launched under the special enactment, if any, as aforesaid, providing for prevention of defacement of property or under the general law for causing willful damage to the property of others, as soon as any such act is observed or brought to the notice of the State Government authorities concerned.

6. As already clarified to some of the States in the Commission's message No. 3/7/94-J.S.II, dated 7.3.1994 (copy enclosed), where no specific law has been enacted for prevention of defacement of property, penal action may be taken under the general law, for example, Sections 425, 426, 427, 433, etc., of the Indian Penal Code, Section 133 of the Criminal Procedure Code, 1973.

7. Any violation of the above directions or any non-compliance with the same or any laxity on the part of any authority in the strict implementation thereof shall be viewed with serious concern and will be visited with grave consequences.

8. A copy of this order in English/Hindi and the local official language(s) should be made available to all recognised political parties in the State and also to their local units in each district immediately, and to each candidate or his agent authorised by him at the time of filing nomination (repeat filing nomination and not scrutiny of nominations) under acknowledgement.

9. The receipt of this order should be acknowledged immediately.



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